Construction site next door. How to protect your rights?

In what cases will noise from neighbors be considered a violation of the law?

If a resident of an apartment hears excessive noise, it is necessary to check where it is coming from and make sure that the increased sound is coming from a neighboring apartment and not from the street or some other place.
For example, the noise may come from a cafe located nearby, or from a construction site located next to housing construction. It is not always possible to assert a violation of the law in this case. For example, a cough, loud conversation or crying of a baby cannot be a reason for sending an appeal to the district police officer. In fact, during prohibited times, neighbors are not allowed to:

1. Sing songs loudly.
2. Listen to loud music.
3. Carry out repair work (drilling, knocking, dragging bulky objects, setting off firecrackers, etc.).
4. Loud personal swearing with the expression of obscene language is also unacceptable.

Therefore, before sending a request to the local police officer about the sloppiness of a neighbor emitting various noise effects, you need to check that the disturbance comes from him and try to reason with him. According to current legislation, silence must be observed during the dark period, from 23:00 in the evening to 7:00 in the morning. If various loud sounds are emitted outside the marked time, then there is no strong violation in this option.

( Video : “The neighbors are noisy: possibilities for solving the problem”)

At the same time, the volume of sounds during the daytime is also limited by law and should not exceed 40-55 decibels. By the way, at night you can also make a little noise, but within reasonable limits. Night sounds are allowed up to 30 decibels. This may include conversation and quiet swearing behind the wall, drunken fights, etc. If the noted noise level is not observed, then this already constitutes a violation of the law and may become a reason for sending an appeal to the district police officer against a troubled neighboring apartment.

The legislative framework

In this area, there is the so-called Law on Silence (Federal Law No. 52), which establishes permissible noise levels at different times of the day. If they are violated, neighbors complain about events that are too loud. The regulations characterize them as an administrative offense, and therefore entail appropriate punishment.

By correctly determining where to complain about noisy neighbors, for example, if they are renovating an apartment at the wrong time or making any other noise that is too loud, you can achieve sanctions against the offenders. This is a fine. Its size will depend on who exactly is doing the renovation of the apartment or other noisy events: an individual or a legal entity. In the latter, music can often be played loudly.

It is important to understand that you can only be held accountable if repairs are carried out at the wrong time. Therefore, in order not to be told that “I do everything according to the law,” you need to familiarize yourself with the regulations that apply specifically in your region.

How to write a report against neighbors who are noisy

The legislation of the Russian Federation regulates that every person has the right to send a complaint to the local police officer if his rights are violated by neighbors as a result of loud drunken celebrations during a prohibited period.
The complaint can be filed in any style, since there is no unified form. The only requirement that must be observed when filling out an application is to maintain the form and rules inherent in official letters. If a person does not know how to fill out such an application, then they can ask the district police officer for assistance. In any option, to fill out the form, you must display the following information:

1. You can submit your request on a blank A4 sheet. You need to write correctly, avoiding mistakes and corrections, in a business style, concisely and clearly presenting the facts.
2. You need to start filling out the form from the upper right corner of the page, where you want to display the addressee’s data (position, department, full name).
3. Below you need to fill in the applicant’s details (full name, residential address, contact details). It must be remembered that an anonymous request in such options is not accepted and will not be considered.
4. After filling out the “header” in the middle of the line, fill in the name of the request “Application”, and then, below, the content of the request is stated. Here it is required to state specific violations, describing the details of the event. The text must display only facts, without any speculation or assumptions. If these are sounds coming from a neighboring apartment, then this is how it should be presented. It is advisable to refer to witnesses, if any, in the text, displaying their data.
5. After describing the events that occurred, it is necessary to display the applicant’s requirements that must be applied to the troublemaker.
6. At the end of filling out the form, the date of the request and the signature of the applicant are indicated.

The completed complaint form can be submitted in person by visiting the local police officer, or sent by registered mail, with notification of its receipt by the addressee. The applicant must have a postal receipt in his hands confirming the filing of the complaint with the date displayed.

According to legislative norms, the response to a request should take from 3 to 30 days; sometimes, in difficult situations, there may be a longer period for consideration. Sometimes this can happen – a complaint is “shoved under the rug” and forgotten about. In any case, if the applicant sees that violations continue and there is no action on the part of the authorities, he can personally come to the district police officer and find out the reason for the inaction, demanding a solution to the issue. If this does not help, the applicant has the right to appeal to higher authorities with a complaint, this time about the inaction of the district police officer.

Where to turn if neighbors are noisy?

In 2021, if your neighbors are making noise, you need to contact the police. This is the only government body that is authorized to resolve the conflict. The following options are possible:

1. If a group of people has gathered at the entrance, they are drinking alcohol, listening to music, or making noise, then you need to call 02 and call for a squad.
   Unfortunately, the result is not guaranteed. Noise at the entrance has a low priority, and the number of vehicles on duty is limited. Therefore, if at the time of the call a signal is received that a crime or offense has been committed, the squad will go there. And by the time it comes time for a noisy call, the drunk company may already have dispersed.
2. If neighbors make noise in their apartment regularly. In such a situation, you need to write a statement to the district police officer.

Before contacting the local police officer, you need to talk to the violators yourself and clarify that the noise being emitted is included in the list of violations.

For example, at night it is prohibited:

• sing;
• play musical instruments;
• make repairs using tools (drill, hammer drill, hammer);
• listen to music through speakers;
• shout, whistle;
• explode firecrackers and fireworks.

Note! You cannot be held responsible for snoring, the noise of children and other sounds that are made as a result of life activities.

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Attached documentation

Any statement to confirm the stated facts, as well as confirm your identity, must be supported by a minimum package of documents. This option requires you to provide the following:

1. Passport.
2. 2nd copy of the request.
3. Materials for contacting other structures before filing a complaint, for example - confirming acts for calling the police, copies of notifications, etc.
4. Testimony from other house building neighbors.

The complaint is handed to the district police officer or the officer on duty at the station. The request must be accepted and registered. If you refuse to register, you need to demand and remind the duty officer of his responsibilities, or, in extreme cases, threaten to appeal to higher structures. Typically, such actions have a sobering effect on police officers.

Rostechnadzor

If a citizen has any doubts regarding the availability of a building permit, permission to carry out repair and construction work, or the possibility of using certain materials, then he can contact Rostechnadzor, the federal executive body entrusted with the function of supervision in the field of technological control and safe conduct of work during construction buildings and structures.

This can be done in several ways:

1. In the public reception of the Central Office, which operates at the address: Moscow, st. Taganskaya, 34, building 1, where you can submit an application to one of the heads of the Department (the reception schedule is posted on the website https://www.gosnadzor.ru/public/reception/shedule/). To make an appointment in advance, you will need to call 8(495) 532-13-28, provide your personal information and indicate the essence of the complaint. Reception is carried out only after presentation of a civil passport strictly at the appointed time. In this case, the applicant has the right to verbally explain what became the basis for the application, or to submit the relevant document drawn up in compliance with the norms of relevant legislation.
2. Send the document by Russian Post to the address: 105066, Moscow, B-66, st. A. Lukyanova, 4, building 1. You can find out about the receipt of the letter by calling the public reception. In order to be able to track whether the document was transferred to an authorized Rostechnadzor employee, it is better to send it by letter with notification. Such correspondence is registered within three days from the date of its receipt, provided that the document was drawn up without gross violations or inaccuracies.
3. Via an electronic form on the Agency’s website gosnadzor.ru/public/reception/feedback/

Before starting to fill it out, the user will need to take the time to become familiar with the rules for filing and considering such claims.

• After selecting the method of receiving a response (this can be an email or postal address), you will need to provide your personal data, selecting “Construction supervision” as the subject of the appeal.
• In the “Your question” field, you will need to indicate all known information about the construction site that can be used to consider the complaint (where it is located, what violations were identified, who is its customer or developer, etc.).
• If there are additional materials, they can be attached to the form using the “Attach file” button (for example, these could be video materials or a protocol from the district police officer that was called by the applicant).
• If desired, you can allow the publication of the content of the appeal, which will only be done with the appropriate consent of the user.

A Russian citizen has the right to apply not only to the Central Office of Rostechnadzor, but also to its territorial division, based on the location of the construction project.

Sample statements to the district police officer regarding noisy neighbors

Not every apartment tenant knows how to correctly write a complaint against a neighbor to the district police officer. The main thing that needs to be observed when filling out such a request is a specific, laconic statement of the essence of the event, without unnecessary phrases, displaying only the facts of the neighbor breaking the silence.

A sample application form for a noisy neighbor can be purchased at the police station. The complaint is filed by the citizen personally. You can complain orally, but on the record. Therefore, it is better to submit your own written request.

The header states the following:

• The details of the precinct officer are entered, displaying his position, the name of the district office, the address of the location of the precinct and his full name. addressee.
• Then the applicant’s data is also displayed, displaying his full name, residence address, and contact information.
• The name of the form (“Complaint” or “Application”) is written below.

• The text of the appeal itself should state, for example, the following:

“At 01:00 on November 25, 2021, my neighbor Sidorov I.I., living in apartment No. 27, which is located next to mine, was listening to music at too high a volume, not giving my family the opportunity to rest. After I contacted him and asked him to reduce the sound of the music, the neighbor stated that he was not violating anything and had the right to play loud music in his apartment until the morning. In response to my attempts to explain the Constitutional norms to him, he swore obscenely and slammed the door.

In accordance with Art. 20.1 of the Code of Administrative Offenses, I regard the actions of the neighbor from apartment No. 27 as a violation of public rules of behavior, indicating disrespect for neighbors, supplemented by obscene language, which are classified as petty hooliganism.

Based on the above, I ask you to influence citizen I.I. Sidorov and explain to him the Constitutional norms. Please provide me with a written response regarding the measures taken regarding the conflict that has arisen.

Date ___________ Signature __Sidorov_____ (Sidorov I. I.)"

Like any document, it is advisable to file a complaint in 2 copies, so that when submitting it to the district police officer and further evidence of the filed complaint, the applicant’s copy will be marked with the date and number of the registered complaint, as well as the stamp of the institution. As a rule, such an action better encourages law enforcement agencies to restore the rights of the applicant. Such a complaint must be examined and the applicant must be provided with a written response on the measures taken against the violator.

Where to complain if neighbors on a plot of land do not comply with sanitary standards of residence

For violation of the prescribed sanitary standards, a person bears administrative responsibility. This means that the violator will have to pay a fine. These days, neighbors often conflict with each other. Any citizens are given the right to appeal to the district administration authorities to resolve the problem that has arisen.

To do this, write a statement that will reflect in detail what the violation of SanPiN is. For example, this may be inappropriate placement of sanitary facilities or buildings.

The district administration is obliged to look into the situation. But remember that in some circumstances it is quite difficult to confirm the fact of violations. Based on the above, executive branch specialists may refuse to satisfy the request, then the case will not be initiated. In such a situation, go to court. File a proper claim that lists the existing violations.

Be sure to collect evidence. If they are missing, use a building and land plan, which records the distance between residential, facilities and other buildings, and indicates the boundaries.

In addition to the above, visit the BTI and demand a copy of the cadastral passport for the neighboring land ownership. Typically, the legal process lasts for several months, so if you need to resolve the problem as soon as possible, contact the prosecutor's office with an application. In this case, a special inspection will be scheduled. Don't forget that you must prove the damage caused. To do this, use photographs, videos, etc.

Time limits for considering a written complaint about noisy neighbors

Legislative norms establish the time frame within which, in response to a request submitted to the district police officer, the necessary measures must be taken.
Any requests, according to regulations, must be considered within 3 to 30 days. The duration depends on the region, the employment of the district police officer to whom the request is submitted, as well as other factors.

In any case, there is no need to tolerate the willfulness of bad neighbors; you need to show a civic position if the rights and freedoms provided by the Constitution of the Russian Federation are violated.

How to submit an electronic application

To file an electronic complaint against violators with the police you need to:

• go to the official website of the Ministry of Internal Affairs;
• go to the tab for citizens;
• choose an option for receiving requests from citizens and organizations;
• select the Ministry of Internal Affairs in the list of authorities;
• confirm your consent to the application procedure and click on the submit application button;
• Fill out the form that opens: describe the problem situation and indicate your feedback information (residence address or email address).

In this case, anonymity can be maintained by providing only an email.

If you additionally leave a comment on the application, this will speed up its consideration. When all the fields are filled out correctly, all that remains is to enter the security code and send the message. In a few minutes, a letter will be sent to the specified email stating that the application has been accepted and you should expect the results of its consideration.

Since 2014, you can also complain about your neighbors online from your phone - using the mobile application of the Russian Ministry of Internal Affairs. To contact the police, you need to click on the shortcut button in the application menu. In this case, the chances of the police arriving are small; if you do not give your information, the anonymous call may be accepted but ignored.

Consequences

Apartment slobs against whom a complaint has been filed for failure to maintain silence during prohibited hours may be subject to various administrative penalties:
For those who violated the rules of maintaining silence for the first time, the district police officer can make an oral reprimand, explaining the legal requirements for maintaining silence during the night and weekend hours.

If such a violation is repeated, a report is drawn up on the slob and a fine is imposed. The amount of penalties depends on the number of complaints filed against the slob and ranges from 500 to 1000 rubles.

If a nasty neighbor does not pay the fine and continues to make noise at night, he may be imprisoned for 15 days.

The extreme option is forced resettlement, which is carried out with systematic failure to maintain silence, absolute disregard for the requirements of law enforcement agencies, and refusal to pay fines. This action is implemented after a court ruling.

It must be said that usually the first warning has an effect and neighbors, after a verbal warning, try to make less noise. Moreover, modern music technology allows a person to listen to the same music using headphones. It is more difficult, of course, to calm down drunken rowdies who indulge in drinking bouts and obscene language. But, as they say, “even an old woman can suffer devastation.” Timely and correct measures on the part of the district police officer can force any rowdy person to comply with the rules of residence, observing and respecting the rights of neighbors.

What to do if the police do not take action

Initial complaints from citizens about neighbors disturbing the peace are reviewed by the district police officer. But if the situation does not change, the offense is not eliminated, i.e. if the police do not help, although the district police officer is aware of the problem, you can strengthen the claim with a collective written appeal from neighbors addressed to the head of the police department (at the same time writing a statement against the district police officer for inaction).

However, if measures are not taken and an administrative case has not been initiated against the violator, then the next step will be to appeal the inaction of police officials administratively. A complaint about inaction according to the current regulations of the Ministry of Internal Affairs is sent to a higher official for action.

We invite you to familiarize yourself with: State and municipal unitary enterprises number of participants

If neighbors are noisy, especially at night and on holidays, calling the police is the only way to restore silence. To do this, you need to call the person on duty, tell them about the problem, give your details, address and place a call.

What can it do

Employees are required to respond to the call and come to restore order. Specific actions will depend on the situation. If people are in an adequate state and immediately agree to be quieter, then they limit themselves to conversation.

If the door is opened, the neighbors are clearly in an inadequate state, there is a fight, there is a threat to life and health, the police can take them to the police station until they return to normal.

It is theoretically possible to make an anonymous call to the police department and ask them to come to the address without giving your name. But in accordance with the rules for submitting citizens' appeals, during any conversation, the full name must be indicated. initiator and his address. Firstly, this is necessary so that the person can respond to the statement. Secondly, it is insurance against false calls. A notification made anonymously is not registered and the work order is not sent.